Legal Victory! Appeals Court Affirms State’s Role in Safeguarding Water from Agricultural Pollution

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FOR IMMEDIATE RELEASE

Contact: Peg Sheaffer, Midwest Environmental Advocates, psheaffer@midwestadvocates.org, (608) 247-9684

Madison, WI—Today, the Wisconsin Court of Appeals for District II issued a decision affirming the authority of the Wisconsin Department of Natural Resources (DNR) to require large livestock operations to apply for permits under the state’s water pollution permitting program.

The lawsuit began in May 2023, when Wisconsin Manufacturers & Commerce sued the Wisconsin Department of Natural Resources (DNR) on behalf of lobbying groups Wisconsin Dairy Alliance and Venture Dairy Cooperative. They alleged the DNR lacked authority to require large livestock operations to apply for water pollution permits.

Midwest Environmental Advocates (on behalf of Wisconsin Farmers Union) joined Clean Wisconsin in intervening in the lawsuit in order to preserve DNR’s permitting authority.

In January 2024, a Calumet County Circuit Court issued a ruling rejecting WMC’s reckless attempt to eliminate environmental oversight of the state’s largest livestock facilities, but WMC appealed the ruling.

Midwest Environmental Advocates Staff Attorney Adam Voskuil said, “Today, the Court of Appeals affirmed the state’s authority to do its job—protecting our rivers, our lakes and our drinking water from agricultural pollution.”

In the past two decades, CAFOs have come to represent an increasing percentage of Wisconsin’s livestock industry. In 2005, there were 135 permitted CAFOs operating in the state. Today, there are more than 330. A single dairy CAFO can house thousands of cows and generate more waste than a small city.

“This decision is a win for every rural community that depends on clean water,” said Wisconsin Farmers Union President Darin Von Ruden. “Family farmers understand that stewardship of the land and water is key to long-term success. Ensuring that large livestock operations follow commonsense permitting rules protects  our shared resources and the future of farming in Wisconsin.”

Learn more about this case here.

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